People v. McMillan CA2/6

DISCUSSION

We appointed counsel to represent appellant on appeal. After an examination of the record, counsel filed an opening brief setting forth the facts of the case, arguing the order is appealable under section 1237, subdivision (b), and asking this court to review the record and determine whether there are any arguable issues on appeal pursuant to People v. Delgadillo (2022) 14 Cal.5th 216. Appellant filed a two-page supplemental brief contending the court erred in declining to resentence him because legislative reforms enacted through Assembly Bill 333, which amended section 186.22, apply retroactively.

2 Because appellant filed a supplemental brief, we are

“required to evaluate the specific arguments presented in that brief and . . . issue a written opinion.” (Delgadillo, supra, 14 Cal.5th at p. 232.)

2 We cannot consider the merits of appellant’s arguments. Section 1172.1, subdivision (c) provides: “A defendant is not entitled to file a petition seeking relief from the court under this section. If a defendant requests consideration for relief under this section, the court is not required to respond.” A defendant who nevertheless files a request under section 1172.1…